Prosecutors were surprised an attorney charged with spitting on a police officer did not plead guilty Monday, Oklahoma County District Attorney David Prater said.
Attorney Lewis B. Moon, 45, faces a felony charge for spitting on a police officer and misdemeanor counts of impersonating a law enforcement officer, resisting arrest and actual physical control of a motor vehicle while intoxicated.
He was scheduled for a plea and sentencing Monday.
Instead, he chose to stick with his not-guilty plea.
Moon and attorneys from both parties met in District Judge Kenneth Watson's chambers for 30 minutes Monday afternoon to discuss the case. Afterward, Watson scheduled the case for trial on Nov. 14.
Moon and his attorney declined to comment Monday.
Moon was arrested in 2008 after Warr Acres police were called to a Whataburger at 7820 N MacArthur Blvd. for complaints of a white Cadillac Escalade going the wrong way at the drive-thru, according to court records.
Moon showed a badge and claimed to be an Oklahoma County sheriff's deputy, according to an affidavit. Police determined he was intoxicated, the affidavit states.
Moon spit in an officer's face when the officer tried to escort him to a patrol car, the affidavit states. He continued to be uncooperative at police headquarters by cursing and dropping names of judges.
His tirade at the Warr Acres Police Department was captured on video.
If convicted, Moon could face up to two years in jail for the felony charge and up to one year in jail for each of the misdemeanor charges, Prater said.
The Oklahoma Bar Association also could punish Moon.
The association doesn't have to wait for a conviction to take action, but it usually does, Prater said.